Robert or Fabio,
on this ole and always actual thread i have a Q:
when the law states "country of residence", does that mean the country of original of the adopting person/couple or the country of residence like 'permanent resident in the DR'?
i ask b/c i am in the process of "maybe" doing an adoption, i am German, permanent residence in the DR since 14 years, wife is dominican, we do want to adopt a specific child, not "any child which is next on a list", that child is 12 years old and of course say's yes to the adoption, including the mother, father is dead since a long time.
so would i need to show those asked papers as a DR resident from the dominican authorities or also from german authorities?
the time period of living together with that child is not a problem to proof, we are living together since a long while a a family.
thanks for the always accurate help
Mike

The opinion above should not be construed to be formal legal advice and was given without reviewing the facts and documents pertinent to the case. The reader should NOT act based upon this opinion without seeking professional counsel.

Any thoughts on this one?

It's a little confusing, so I'll try to explain it best as I can without going into too many details.

I married a man from the Dominican Republic, and we brought his biological son (also a Dominican citizen) here to Canada to live with us. The child has been living with us since he was 7. The mother has had no contact with her biological son, who is now 14.

My soon-to-be ex-husband violently abused his child and myself, and was criminally charged and convicted for this abuse. We separated, and now are working through quite a messy divorce. I went to court here in Canada and was granted full guardianship and parental rights of all three children (including step-son), based on the fact that my stepson has a voice in court and I have been the only mother he has known for over 7 years.

Now I would like to adopt him, so that he can become a Canadian citizen and reap the benefits of this citizenship. He could rightfully apply when he is 18, but I would like to save him going through this process. I cannot sponsor him to be a Canadian citizen unless I adopt him.

The father would never grant permission for this adoption, and the mother - God only knows how I'd even find her.?.

Any thoughts on where I would even start this process? Being that he has lived here for the past 7 years, would I need to go through Dominican law, or would it be based on his current residence, in Canada.

wow Trina,
that sounds like a complicated situation for the Law professionals.
for the dominican side of it Sr Guzman will bring you up his part soon.

for the Canadian part,
you received from a canadian court full guardianship and parental rights, i don't know how such is handled by the dominican law. the abusing and for that convicted father should be out of this game, but there's a mother which 'may be' show up and cry for her rights as the biological mother after the angry ex'husband may convince her to do so just out of anger.

will be interesting to hear what the pros say on such case.

i wish you all the best
and that your stepson can stay where he is, in the only family he knows with his brothers.
Mike

Thank you Mike. I don't think I will have any problems with him staying with me, as he does have a voice in court and is at the age where he can decide where he lives. He has refused to see his father since the abuse, and I have been successful in protecting him. I don't think the mother is a worry, as she hasn't tried to contact him since he left the DR in 2001; she hadn't seen him in the 8 months prior, being that the son lived with her parents.

I have contacted my divorce/family lawyers here in Canada, but they haven't responded, I think this whole case might be a little overwhelming for them. I guess I'll do what I can and maybe just go directly through the courts here to see what they suggest.

yes,
that would be from my unprofessional viewpoint also the way to go.
nice to hear that he has in Canada the right to make decisions on such case himself.
all those laws always show up those complicated and confusing corners.

by my simple logic, a child for which you as a canadian citizen have by canadian court order/decision the full guardianship and parental rights, it would be the most clear thingy of the planet that you are 'allowed' to do the sponsorship for citizenship of that child of yours.
i guess once the request for adaption presented to a judge with all the background of the case such adaption should not be any problem and the sponsorship for the citizenship on it's way right away after that decision.
good luck
Mike

by my simple logic, a child for which you as a canadian citizen have by canadian court order/decision the full guardianship and parental rights, it would be the most clear thingy of the planet that you are 'allowed' to do the sponsorship for citizenship of that child of yours.
i guess once the request for adaption presented to a judge with all the background of the case such adaption should not be any problem and the sponsorship for the citizenship on it's way right away after that decision.
good luck
Mike

I couldn't agree more, Mike...wouldn't that be too simple though ;-)
I already tried to argue that, of course, to no avail. The child must be adopted. I am fine with the adoption, of course, that would be a blessing. I just don't know where to start...